How the Child Support System Works
Background
Established in 1975 under a new part D of Title IV of the Social Security Act, the government program, usually called the Title IV-D
program is a Federal/State partnership whose primary mission is to enforce child support obligations against non-custodial parents.
At the federal level the IV-D program is administered by the Office of Child Support Enforcement (OCSE) within the Department of Health and Human Services (Click here for an article on the HHS role in child support enforcement.) It is responsible for providing regulatory oversight, as well as technical assistance to the States and territories for the effective operation of their Title IV-D programs, in conformity with the requirements of Federal law.
The Federal government provides the major funding for the administration of the Title IV-D program, including matching funds to the States for eligible administrative expenditures and incentive payments for program performance meeting Federal standards. The Office pays the major share of State program operating costs, provides policy guidance and technical help to enforcement agencies, conducts audits and educational programs, supports research, and shares ideas for program improvement.
At the State level, the IV-D program is administered through a single entity designated by the State as its Title IV-D agency in accordance with an approved State Plan meeting Federal requirements. In most States and territories the designated Title IV-D agency operates under an umbrella
human services or social service agency, while in others it is a component of the State's department of revenue or attorney general's office.
State IV-D programs are required to provide services to families receiving public assistance and to other families who apply for services. The State program must attempt to locate non-custodial parents, establish paternity, establish and enforce support orders, and collect child support payments. In spite of increased Federal funding, from FY 1997-2005 the amount of uncollected child support in the national CSE program's caseload rose from $45 billion to $106 billion. Currently, less than half of all recipients of Title IV-D services ever receive the child support which they are due.
The Private Sector
The private sector has been involved in child support enforcement almost since child support first became part of the law of the states. Attorneys were the first to enter the private enforcement scene, as they often went to court to gain child support orders. But, when too few attorneys were involved before the early 1970s, the government established the Federal Office of Child Support Enforcement which gave much of the enforcement responsibility to states.
By the late 1980's, even with many new federal and state laws to improve enforcement, it became clear that the government alone could not successfully work all of the enforcement cases. By 1991, several private child support enforcement agencies emerged around the country and have since collected well over $300 Million dollars for American children.
In a March 2002 report, the U.S. General Accounting Office found that thousands of private attorneys and many private agencies are available to join in the effort to help collect unpaid child support, and many have been successful in doing so, even in the toughest cases. However, barriers created by restrictive state laws, confusing federal procedures, and lack of cooperation by some State Title IV-D agencies significantly limit the ability of these private entities to help custodial parents who choose to use their enforcement services.
At CSEC, we believe that by working together and providing choice to custodial parents, the public and private sectors can best serve America's children. Several of our member-leaders once served in the management of State IV-D agencies. Some were program directors and therefore know the demands and challenges facing the government IV-D program. All of our member organizations are committed to the task of ensuring that the nation's children receive the support they are owed, but we know that, just as the government CSE program or custodial parents alone cannot fight the battle of nonsupport alone, neither can private companies or attorneys. All available resources, public and private, need to be enlisted in the effort.
With high case loads, limited resources, and a growing need for child support enforcement, we believe that the public and private sector must work alongside each other to best serve America's children.
Recent Changes in Child Support Laws
Deficit Reduction Act of 2005 - By some estimates, this law will reduce federal funding of state child support programs by $4.9 billion through 2015, resulting in a decreases in child support collections by state child support programs of $8.4 billion.
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